Search Opinion

Feb
25
2021

McLachlan, In re

Ruling: 
Motion to extend automatic stay was denied because of debtor's bad faith due to recklessgambling, nonperformance in previous cases and repetitive filings which demonstrated anabuse to the provisions. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-003
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Feb
25
2021

Vanhorn, In re--Upper Explorerland Reg'l Planning Comm'n v. Vanhorn

Ruling: 
Creditor was not entitled to summary judgment that his claim was nondischargeable ongrounds of willful and malicious injury as he did not show that debtor intended to causeplaintiff financial harm. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-009
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Feb
10
2021

Raymer, In re

Ruling: 
Chapter 12 debtors' request to use cash collateral to pay post-petition expenses denied. (Bankr.D. Neb.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-069
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Feb
05
2021

Wedig, In re

Ruling: 
Incarceration was not grounds for waiver of credit counseling requirement. (Bankr. S.D. Iowa)
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Consumer case opionion summary, case decided on February 05,2021, LexisNexis #0421-027
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Jan
15
2021

Jundt, In re

Ruling: 
Court dismissed the case where there was a stipulation that debtors' disposable monthlyincome exceeded the statutory threshold and the debts were primarily consumer in nature.(Bankr. D. Minn.)
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Consumer case opionion summary, case decided on January 15,2021, LexisNexis #0221-065
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Dec
29
2020

Clevenger, In re--Bank Nw. v. Clevenger

Ruling: 
Excepting the debt from discharge was not warranted, as the bank had not satisfied its burdento prove willfulness because it did not prove that debtor committed an intentional tort. (Bankr.W.D. Mo.)
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Consumer case opionion summary, case decided on December 29,2020, LexisNexis #0221-035
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Dec
09
2020

Mudd, In re--Mudd v. United States

Ruling: 
Debtor's consolidated student loan was dischargeable as the debtor's loans were an unduehardship and her dependent made a good faith effort to maximize her income. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 09,2020, LexisNexis #0121-061
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Dec
08
2020

Thurmon, In re

Ruling: 
Court sustained the United States Trustee's objection to debtors' subchapter V election as theywere not engaged in commercial or business activities on the day they filed bankruptcy.(Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on December 08,2020, LexisNexis #0121-099
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Dec
04
2020

Thompson, In re--United States Trustee v. Thompson

Ruling: 
Insurer that was not a creditor and had no interest in the outcome of debtor's case lackedstanding to seek dismissal. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 04,2020, LexisNexis #0121-068
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Dec
01
2020

Kinney, In re--Finishing Touch Carpet One v. Kinney

Ruling: 
Discharge was denied as the specific and cumulative nature of the misleading, incorrect, andmisstated schedules compelled the conclusion that debtor intentionally failed to accuratelycomplete his schedules. (Bankr. W.D. Ark.)
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Consumer case opionion summary, case decided on December 01,2020, LexisNexis #0121-070
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